CSPA Advisory

CSPA Action Alert May 4, 2010 

CSPA Sues USA Waste for Pollution

May 4, 2010 -- CSPA filed a lawsuit against USA Waste of California, Inc. for massive violations of the federal Clean Water Act and the state's General Industrial Stormwater Permit. A Notice Letter of Intent to Sue was issued 4 March 2010.

The 3.7-acre waste transfer and recycling facility is located in Chico California and discharges polluted storm water runoff to Little Butte Creek and thence the Sacramento River.

The lawsuit alleges that waste discharges from the facility greatly exceed allowable standards and benchmarks for numerous pollutants; including total suspended solids, iron, oil & grease, aluminum, zinc, lead, specific conductivity and chemical oxygen demand. It further alleges the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan and 3) develop and implement an adequate Monitoring and Reporting Program.

The action asks the court to: 1) declare USA Waste of California to be in violation of the law, 2) enjoin defendant from discharging pollutants, 3) enjoin defendant from further violating the substantive and procedural requirements of the permit, 4) comply with monitoring and reporting requirements, 5) prepare a legally adequate Stormwater Pollution Prevention Plan, 6) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint.

The Law Offices of Andrew Packard and Jackson & Tuerck are CSPA's attorneys in this matter.